Kalinowski v. Jacobowski

Citations

• 52 Wash. 359
• 100 P. 852
• 1909 Wash. LEXIS 1121

Syllabus

<p>Basements — Grant op Right op Way — Security-—Intent. The intent to grant an easement of a right of way is not disproved by the fact that security was taken to insure the faithful defense and maintenance thereof.</p> <p>Same — Contract por Easement — Formality—Construction. A written contract whereby the grantor, in consideration of two hundred dollars, covenanted to clear and make a road across his own land and that of another, eight feet wide along the east line of the tract, suitable for the grantee to drive over from the grantee’s land to a county road, and “to maintain and defend the said right of way,” is the grant of an easement or right of way across his own land, and sufficiently definite and certain; no particular form of words being necessary, and his authority as to the land of a third person being immaterial or presumed.</p> <p>Same — Description—Definiteness—Use op Way. The definiteness of a written grant of a right of way is-immaterial after the way has been entered upon and used.</p> <p>Same — Grant—Essentials—Validity in Equity. A grant of a right of way need not be by deed, but is valid in equity if the consideration has passed between the parties, and the contract has been fully performed.</p> <p>Equity — Injunction—Obstruction op- Easement — Remedy at Law. Equity will restrain the obstruction of a right of way by fences, as the remedy at law is inadequate.</p> <p>Vendor and Purchaser — Notice op Easement — Recording Contract-Visible Use. The purchaser of real estate is charged with notice of a right of way by open and visible use of the easement although the contract therefor was not recorded.</p>